The St. Johns herald., 1887-09-15

expiration of such grant shall bt deemed valid; and a compliance with the laws and the making ot 1 the proof required shall entitle the .holder of such claim to patent ! I therefore direct that all lands under withdrawal heretofore made and held for indemnity purposes under the grant to the Atlantic and Pacific Railroad Company be res tored to the public domain and opened to settlement under the gen. eral land laws, except such lands as may be covered by approved selec- tions; provided the restoration shall not effect rights acquired within the primary or granted linn it's of any Congressional grant.
 As to the lands covered by un- approved selections, applications to make filings and entries thereon may be received, noted and held subject to the claim of the compa- ny, of which claim the applicant must be distinctly informed and a memoranda thereof entered upon his papers.
 Whenever such application to file or enter is presented, alleging upon sufficient prima facie showing that the land is from any cause not sub- ject to the company's right of se- lection; notice thereof will be given to the proper representative of the company, which will be allowed thirty days after service of said mo- tice within which to present objec- tions to the allowance ofsuch filing or entry.
 Should the company fail to res pond or show cause before the local officers why the application should not be allowed, said application for filing or entry will be admitted, and the selection held for cancella- tion; but should the company ap- pear and show cause an investiga- ton will be ordered under the rules of practice to determine wether said land is subject to the right of the company to make selection of the same, which shall be determined by the register and receiver, subject to the right of appeal in either party,
 When appeals are taken from the decision of the register and re- ceiver to your office in the class of cases herein provided for, you will dispose of them without delay, and if the decision of your office shall be in favor of the company, and no appeal be taken, the land shall be approved or certified for patent without requiring further action on the part of the company. If the decision of your office should be ad- verse to the company, and no ap- peal be taken, the selection will be cancelled and the filing or entry be allowed, subject to compliance with law.
 The order of revocation herein directed shall take effect as soon as issued, but filings and entries of the land embraced therein shall not be received until after giving notice of the same by public advertise ment for a period of thirty days, it being the intention of this order that, as against actual settlement hereinafter made, the order of the department withdrawing said lands shall no longer be an obstacle.
 Rights heretofore attaching, both of the company and of settlers, will be decided according to the facts in each case.
 Ifany lists of selections have been presented by the company with tender of fees, which have been re- jected and not placed on file and noted on the record of the local office, you will if said lists are in your office or in the local office, cause said selections to be noted on the record immediately, and if such lists are not in your office or in the local office you will advise the at orney of the company that they will